Establishment and powers of the Unidentified Anomalous Phenomena Records Review Board

(a) Establishment There is established as an independent agency a board to be known as the Unidentified Anomalous Phenomena Records Review Board. (b) Appointment (1) In general The President, by and with the advice and consent of the Senate, shall appoint, without regard to political affiliation, 9 citizens of the United States to serve as members of the Review Board to ensure and facilitate the review, transmission to the Archivist, and public disclosure of government records relating to unidentified anomalous phenomena. (2) Period for nominations (A) The President shall make nominations to the Review Board not later than 90 calendar days after the date of enactment of this Act. (B) If the Senate votes not to confirm a nomination to the Review Board, the President shall make an additional nomination not later than 30 days thereafter. (3) Consideration of recommendations (A) The President shall make nominations to the Review Board after considering persons recommended by the following: (i) The majority leader of the Senate. (ii) The minority leader of the Senate. (iii) The Speaker of the House of Representatives. (iv) The minority leader of the House of Representatives. (v) The Secretary of Defense. (vi) The National Academy of Sciences. (vii) Established nonprofit research organizations relating to unidentified anomalous phenomena. (viii) The American Historical Association. (ix) Such other persons and organizations as the President considers appropriate. (B) If an individual or organization described in subparagraph (A) does not recommend at least 2 nominees meeting the qualifications stated in paragraph (5) by the date that is 45 days after the date of enactment of this Act, the President shall consider for nomination the persons recommended by the other individuals and organizations described in such subparagraph. (C) The President may request an individual or organization described in subparagraph (A) to submit additional nominations. (4) Qualifications Persons nominated to the Review Board— (A) shall be impartial citizens, none of whom shall have had any previous or current involvement with any legacy program or controlling authority relating to the collection, exploitation, or reverse engineering of technologies of unknown origin or the examination of biological evidence of living or deceased non-human intelligence; (B) shall be distinguished persons of high national professional reputation in their respective fields who are capable of exercising the independent and objective judgment necessary to the fulfillment of their role in ensuring and facilitating the review, transmission to the public, and public disclosure of records related to the government’s understanding of, and activities associated with unidentified anomalous phenomena, technologies of unknown origin, and non-human intelligence and who possess an appreciation of the value of such material to the public, scholars, and government; and (C) shall include at least— (i) 1 current or former national security official; (ii) 1 current or former foreign service official; (iii) 1 scientist or engineer; (iv) 1 economist; (v) 1 professional historian; and (vi) 1 sociologist. (5) Mandatory conflicts of interest review (A) In general The Director shall conduct a review of each individual nominated and appointed to the position of member of the Review Board to ensure the member does not have any conflict of interest during the term of the service of the member. (B) Reports During the course of the review under subparagraph (A), if the Director becomes aware that the member being reviewed possesses a conflict of interest to the mission of the Review Board, the Director shall, not later than 30 days after the date on which the Director became aware of the conflict of interest, submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives a report on the conflict of interest. (c) Security clearances (1) In general All Review Board nominees shall be granted the necessary security clearances and accesses, including any and all relevant Presidential, departmental, and agency special access programs, in an accelerated manner subject to the standard procedures for granting such clearances. (2) Qualification for nominees All nominees for appointment to the Review Board under subsection (b) shall qualify for the necessary security clearances and accesses prior to being considered for confirmation by the Committee on Homeland Security and Governmental Affairs of the Senate. (d) Vacancy A vacancy on the Review Board shall be filled in the same manner as specified for original appointment within 30 days of the occurrence of the vacancy. (e) Removal of Review Board member (1) In general No member of the Review Board shall be removed from office, other than— (A) by impeachment and conviction; or (B) by the action of the President for inefficiency, neglect of duty, malfeasance in office, physical disability, mental incapacity, or any other condition that substantially impairs the performance of the member’s duties. (2) Notice of removal (A) If a member of the Review Board is removed from office, and that removal is by the President, not later than 10 days after the removal, the President shall submit to the leadership of Congress, the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives a report specifying the facts found and the grounds for the removal. (B) The President shall publish in the Federal Register a report submitted under subparagraph (A), except that the President may, if necessary to protect the rights of a person named in the report or to prevent undue interference with any pending prosecution, postpone or refrain from publishing any or all of the report until the completion of such pending cases or pursuant to privacy protection requirements in law. (3) Judicial review (A) A member of the Review Board removed from office may obtain judicial review of the removal in a civil action commenced in the United States District Court for the District of Columbia. (B) The member may be reinstated or granted other appropriate relief by order of the court. (f) Compensation of members (1) In general A member of the Review Board, other than the Executive Director under section 1745(c)(1), shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Review Board. (2) Travel expenses A member of the Review Board shall be allowed reasonable travel expenses, including per diem in lieu of subsistence, at rates for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from the member’s home or regular place of business in the performance of services for the Review Board. (g) Duties of the Review Board (1) In general The Review Board shall consider and render decisions on a determination by a Government office to seek to postpone the disclosure of unidentified anomalous phenomena records. (2) Considerations and rendering of decisions In carrying out paragraph (1), the Review Board shall consider and render decisions— (A) whether a record constitutes a unidentified anomalous phenomena record; and (B) whether a unidentified anomalous phenomena record or particular information in a record qualifies for postponement of disclosure under this subtitle. (h) Powers (1) In general The Review Board shall have the authority to act in a manner prescribed under this subtitle, including authority— (A) to direct Government offices to complete identification aids and organize unidentified anomalous phenomena records; (B) to direct Government offices to transmit to the Archivist unidentified anomalous phenomena records as required under this subtitle, including segregable portions of unidentified anomalous phenomena records and substitutes and summaries of unidentified anomalous phenomena records that can be publicly disclosed to the fullest extent; (C) (i) to obtain access to unidentified anomalous phenomena records that have been identified and organized by a Government office; (ii) to direct a Government office to make available to the Review Board, and if necessary investigate the facts surrounding, additional information, records, or testimony from individuals which the Review Board has reason to believe are required to fulfill its functions and responsibilities under this subtitle; and (iii) request the Attorney General to subpoena private persons to compel testimony, records, and other information relevant to its responsibilities under this subtitle; (D) require any Government office to account in writing for the destruction of any records relating to unidentified anomalous phenomena, technologies of unknown origin, or non-human intelligence; (E) receive information from the public regarding the identification and public disclosure of unidentified anomalous phenomena records; (F) hold hearings, administer oaths, and subpoena witnesses and documents; (G) use the Federal Acquisition Service in the same manner and under the same conditions as other Executive agencies; and (H) use the United States mails in the same manner and under the same conditions as other Executive agencies. (2) Enforcement of subpoena A subpoena issued under paragraph (1)(C)(iii) may be enforced by any appropriate Federal court acting pursuant to a lawful request of the Review Board. (i) Witness immunity The Review Board shall be considered to be an agency of the United States for purposes of section 6001 of title 18, United States Code. Witnesses, close observers, and whistleblowers providing information directly to the Review Board shall also be afforded the protections provided to such persons specified under section 1673(b) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (50 U.S.C. 3373b(b)). (j) Support services The Administrator of the General Services Administration shall provide administrative services for the Review Board on a reimbursable basis. (k) Interpretive regulations The Review Board may issue interpretive regulations. (l) Termination and winding down (1) In general The Review Board and the terms of its members shall terminate on September 30, 2030. (2) Reports Upon its termination, the Review Board shall submit to the President and Congress reports, including a complete and accurate accounting of expenditures during its existence and shall complete all other reporting requirements under this subtitle. (3) Transfer of records Upon termination and winding down, the Review Board shall transfer all of its records to the Archivist for inclusion in the Collection, and no record of the Review Board shall be destroyed.